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Share Name | Share Symbol | Market | Type |
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(MM) | NASDAQ:OVRL | NASDAQ | Ordinary Share |
Price Change | % Change | Share Price | Bid Price | Offer Price | High Price | Low Price | Open Price | Shares Traded | Last Trade | |
---|---|---|---|---|---|---|---|---|---|---|
0.00 | 0.00% | 3.48 | 0.00 | 01:00:00 |
FORM 4
[ ]
Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue.
See
Instruction 1(b).
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UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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OMB APPROVAL
OMB Number: 3235-0287 Estimated average burden hours per response... 0.5 |
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1. Name and Address of Reporting Person
*
CYRUS CAPITAL PARTNERS, LP |
2. Issuer Name
and
Ticker or Trading Symbol
OVERLAND STORAGE INC [ OVRL ] |
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
_____ Director __ X __ 10% Owner _____ Officer (give title below) _____ Other (specify below) |
399 PARK AVENUE, 39TH FLOOR |
3. Date of Earliest Transaction
(MM/DD/YYYY)
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NEW YORK, NY 10022 |
4. If Amendment, Date Original Filed
(MM/DD/YYYY)
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6. Individual or Joint/Group Filing
(Check Applicable Line)
___ Form filed by One Reporting Person _ X _ Form filed by More than One Reporting Person |
Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned |
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1.Title of Security
(Instr. 3) |
2. Trans. Date | 2A. Deemed Execution Date, if any |
3. Trans. Code
(Instr. 8) |
4. Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4 and 5) |
5. Amount of Securities Beneficially Owned Following Reported Transaction(s)
(Instr. 3 and 4) |
6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) | 7. Nature of Indirect Beneficial Ownership (Instr. 4) | |||
Code | V | Amount | (A) or (D) | Price | ||||||
Common Stock | 6/28/2013 | J (1) | 315614 (1) | A | $1.15 | 315614 (1) | I | see footnote (2) (3) |
Table II - Derivative Securities Beneficially Owned ( e.g. , puts, calls, warrants, options, convertible securities) |
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1. Title of Derivate Security
(Instr. 3) |
2. Conversion or Exercise Price of Derivative Security | 3. Trans. Date | 3A. Deemed Execution Date, if any |
4. Trans. Code
(Instr. 8) |
5. Number of Derivative Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4 and 5) |
6. Date Exercisable and Expiration Date |
7. Title and Amount of Securities Underlying Derivative Security
(Instr. 3 and 4) |
8. Price of Derivative Security
(Instr. 5) |
9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) | 10. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 4) | 11. Nature of Indirect Beneficial Ownership (Instr. 4) | ||||
Code | V | (A) | (D) | Date Exercisable | Expiration Date | Title | Amount or Number of Shares | ||||||||
Convertible Promissory Notes | $1.30 | (4) | 2/13/2017 | Common Stock | 7171309 (5) (6) | 7171309 (5) (6) | I | see footnote (2) (3) |
Remarks:
The 7,486,923 shares of Common Stock reported herein represent 19.99% shares of the Issuer's Common Stock based upon 29,933,544 shares of Common Stock outstanding as of May 6, 2013 as reported in the Issuer's 10-Q filed with the Securities and Exchange Commission on May 15, 2013, and taking into account the shares of Common Stock issued in payment of interest and the shares of Common Stock issuable upon conversion of the Notes by certain of the Reporting Persons (subject to the limitations set forth in the Note Purchase Agreement). |
Reporting Owners
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Reporting Owner Name / Address |
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Director | 10% Owner | Officer | Other | ||
CYRUS CAPITAL PARTNERS, LP
399 PARK AVENUE, 39TH FLOOR NEW YORK, NY 10022 |
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X |
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CYRUS CAPITAL PARTNERS GP, LLC
399 PARK AVENUE, 39TH FLOOR NEW YORK, NY 10022 |
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X |
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FREIDHEIM STEPHEN C
399 PARK AVENUE, 39TH FLOOR NEW YORK, NY 10022 |
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X |
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CRESCENT 1 LP
399 PARK AVENUE, 39TH FLOOR NEW YORK, NY 10022 |
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X |
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Cyrus Select Opportunities Master Fund, Ltd.
399 PARK AVENUE, 39TH FLOOR NEW YORK, NY 10022 |
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X |
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CRS Master Fund, L.P.
399 PARK AVENUE, 39TH FLOOR NEW YORK, NY 10022 |
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X |
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Cyrus Opportunities Master Fund II, Ltd.
399 PARK AVENUE, 39TH FLOOR NEW YORK, NY 10022 |
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X |
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Cyrus Capital Advisors, L.L.C.
399 PARK AVENUE, 39TH FLOOR NEW YORK, NY 10022 |
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X |
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Signatures
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/s/Stephen C. Freidheim, the Manager of Cyrus Capital Partners GP, L.L. C., the general partner of Cyrus Capital Partners, L.P. | 6/28/2013 | |
** Signature of Reporting Person |
Date
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/s/ Stephen C. Freidheim, the Manager of Cyrus Capital Partners GP, L.L.C. | 6/28/2013 | |
** Signature of Reporting Person |
Date
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/s/Stephen C. Freidheim, individually | 6/28/2013 | |
** Signature of Reporting Person |
Date
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/s/ Stephen C. Freidheim, the Manager of Cyrus Capital Advisors, L.L.C., the general partner of Crescent 1, L.P. and CRS Master Fund, L.P. | 6/28/2013 | |
** Signature of Reporting Person |
Date
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/s/ Stephen C. Freidheim, Authorized Signatory of Cyrus Select Opportunities Master Fund, Ltd. and Cyrus Opportunities Master Fund II, Ltd. | 6/28/2013 | |
** Signature of Reporting Person |
Date
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/s/ Stephen C. Freidheim, the Manager of Cyrus Capital Advisors, L.L.C. | 6/28/2013 | |
** Signature of Reporting Person |
Date
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Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | |
* | If the form is filed by more than one reporting person, see Instruction 4(b)(v). |
** | Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). |
Note: | File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. |
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. |
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